Nurjamal Sk & Ors. Vs the Oriental Insurance Co. Ltd… — Motor Accident Claims | Calcutta HC (2026)

Nurjamal Sk & Ors. Vs the Oriental Insurance Co. Ltd… — Motor Accident Claims | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Appeal disposed (hearing on consent). Judgment and award in MAC Case No.390 of 2010 modified: appellant claimant held entitled to Rs.5 lakh from respondent No.1, The Oriental Insurance Co. Ltd., with 6% per annum interest from the date of filing of the claim case till the date of the order; deposit with interest within eight weeks before the Registrar General, High Court, Calcutta; only the balance payable if Trial Court compensation is already paid; withdrawal permitted on compliance with necessary formalities.

Issue for consideration

Whether the appellant claimant, whose claim under Section 163A of the Motor Vehicles Act, 1988 resulted in a Trial Court award of only Rs.84,500/-, is entitled to enhanced compensation of Rs.5,00,000/-.

Court's answer

The motor vehicle claim legislation is a beneficial legislation and, since Section 164 of the Motor Vehicles Act, 1988 provides compensation of Rs.5 lakh, that compensation should be awarded.

Ratio / Principle

The judgment and award of the learned Additional District Judge, 3rd Court, Murshidabad, Berhampore in MAC Case No.390 of 2010 stands modified to the extent that the appellant claimant is entitled to Rs.5 lakh from respondent No.1, The Oriental Insurance Co. Ltd., payable with interest at 6% per annum from the date of filing of the claim case till the date of this order.

Key takeaways

Respondent No.1 shall deposit the compensation along with interest within eight weeks from the date of communication of the order, before the Registrar General, High Court, Calcutta; if any portion of the Trial Court's compensation is already paid, only the balance is to be deposited, and the appellant may withdraw upon compliance with formalities.ratio¶¶23

Detailed headnote1 paragraphs

Enhancement of compensation in a Section 163A Motor Vehicles Act, 1988 death claim: the Trial Court's award of Rs.84,500/- in MAC Case No.390 of 2010 was modified and the claimant held entitled to Rs.5 lakh from The Oriental Insurance Co. Ltd. with 6% per annum interest from the date of filing of the claim case, the Court treating motor vehicle claim legislation as beneficial legislation and invoking Section 164 of the Motor Vehicles Act, 1988 (compensation of Rs.5 lakh) together with the learned Single Judge's observation in Shakuntala Ghosh & Ors. Vs. Reliance General Insurance Co. Ltd., FMA 1220 of 2022, that claimants are entitled to Rs.5,00,000/- as just compensation with regard to second schedule 1(a) ('Fatal Accidents: Compensation payable in case of Death shall be five lakh rupees') and a Notification dated 22nd May, 2018. Insurer directed to deposit the amount with interest within eight weeks before the Registrar General, High Court, Calcutta; balance alone if part payment already made.

S/L 11 15.05.2026 Court No.9 Swd

FMA 3191 of 2015

Nurjamal Sk. & Ors. Vs.

The Oriental Insurance Co. Ltd. & Anr.

Mr. Sima Ghosh.

… for the Appellant/Claimant.

Mrs. Sucharita Paul.

… for the Respondent/Insurance Company.

The learned Advocate for the parties are present.

The appeal is taken up for hearing on consent of the learned Advocates.

The appellant before this Court was a claimant before the learned Trial Court in case under Section 163A of the Motor Vehicles Act, 1988 and is aggrieved by the judgment and award dated 16^th April, 2014 passed by the learned Additional District Judge, 3^rd Court, Murshidabad Berhampore in MAC Case No.390 of 2010.

The ground of challenge in the present appeal is that the learned Trial Judge has awarded compensation of Rs.84,500/- and the appellant is entitled to compensation of Rs.5,00,000/-.

5. The learned Advocate for the appellant has relied upon the decision passed by the learned Single Judge of this Court in FMA 1220 of 2022 (Shakuntala Ghosh & Ors. Vs. Reliance General

Insurance Co. Ltd.) . In the decision of

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Shakuntala Ghosh the learned Single Judge observed as follows:

“The appellants/claimants are entitled to Rs.5,00,000/- of just compensation with regard to second schedule 1(a) and Notification dated 22nd May, 2018 and also the aforesaid observations of the High Court at Calcutta and the Hon’ble Supreme Court. The second schedule 1(a) as aforesaid is stated as follows: -

“Fatal Accidents:

Compensation payable in case of Death shall be five lakh rupees.”

6. Further, the motor vehicle claim legislation being a beneficial legislation and Section 164 of the Motor Vehicles Act, 1988 which provides compensation of Rs.5 lakh, the said compensation should be awarded.

7. In the facts and circumstances, this appeal stands disposed. The judgment and award passed by the learned Additional District Judge, 3^rd Court, Murshidabad, Berhampore in MAC Case No.390 of 2010 stands modified to the extent that the appellant claimant is entitled to Rs.5 lakh from the respondent No.1. The Oriental Insurance Co. Ltd. shall pay Rs. 5 Lakh along with interest at the rate of 6% per annum from the date of filing of the claim case till today.

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The respondent No. 1 The Oriental Insurance Co. Ltd. shall deposit the compensation along with interest within eight weeks from the date of communication of this order. The compensation amount shall be deposited before the Registrar General, High Court, Calcutta, within the said period.

It is, however, made clear that in the event, the compensation awarded by the learned Trial Court is already paid the balance amount be deposited. The appellant claimant will be entitled to withdraw the compensation amount upon compliance all the necessary formalities.

Urgent Photostat certified copies of this order, if applied for, be supplied to the parties upon compliance of all necessary formalities.

( BISWAROOP CHOWDHURY, J.)